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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8287242, ADJ9662736, ADJ9662737, ADJ9662738, ADJ9662740, ADJ9662743, ADJ9662744, ADJ9662745, ADJ9662746, ADJ9662747, ADJ9662748
Regular
Jul 29, 2019

TOBIAS ZUCCO vs. CALIFORNIA DEPARTMENT OF STATE HOSPITALS, STATE COMPENSATION INSURANCE FUND

This case involves multiple workers' compensation claims by applicant Tobias Zucco against the California Department of State Hospitals. The initial decision found a $77\%$ permanent disability based on scheduled impairments, rejecting vocational experts' opinions of total disability. Applicant sought reconsideration, arguing for unapportioned permanent total disability. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case to find $80\%$ permanent disability, incorporating a $20\%$ non-industrial apportionment to the vocational experts' findings of total disability. The Board found the vocational experts' conclusions supported overall permanent total disability, overriding the trial judge's credibility assessment.

Workers' Compensation Appeals BoardPsychiatric TechnicianCumulative InjuryPermanent DisabilityVocational RehabilitationPermanent Total DisabilityAgreed Medical EvaluatorApportionmentCredibilityJoint Findings of Fact
References
0
Case No. MISSING
Regular Panel Decision

McCarver v. Insurance Co. of the State of Pennsylvania

This workers' compensation case before the Tennessee Supreme Court centered on two critical issues: the constitutionality of a state statute granting jurisdiction to the General Sessions Court for Warren County in workers' compensation matters, and the vocational disability award for the claimant. The defendants, Carrier Corporation and The Insurance Company of the State of Pennsylvania, challenged the jurisdiction of the General Sessions Court for Warren County, arguing that Tennessee Code Annotated section 16-15-5004(c) violated article XI, section 8 of the Tennessee Constitution. The Court affirmed the trial court's decision, finding a rational basis for the statute and thus upholding the lower court's jurisdiction. Additionally, the Supreme Court affirmed the trial court's award of 88.2% permanent partial disability to the claimant, Betty Sue McCarver, whose bilateral shoulder injuries from her employment with Carrier Corporation led to a finding of significant vocational disability supported by medical and vocational expert testimony.

Workers' CompensationJurisdictionConstitutional LawTennessee Constitution Article XI Section 8General Sessions CourtWarren CountySubject Matter JurisdictionDisability AwardShoulder InjuryRotator Cuff
References
17
Case No. ADJ358084 (OAK 0320488)
Regular
Dec 19, 2008

Samuel Arledge vs. RGW Construction, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of a prior award finding the applicant sustained 39% permanent disability. The applicant argued for 100% disability based on a vocational expert's opinion and Labor Code section 4662. The Board found the WCJ erred by not fully considering the vocational expert's opinion, specifically regarding the applicant's employability and earning capacity post-injury. The case is remanded to the trial level for further proceedings to re-evaluate the vocational expert's findings and determine the applicant's total disability status.

Workers' Compensation Appeals BoardCumulative Trauma InjuryPermanent DisabilityVocational ExpertLabor Code Section 4662Qualified Medical EvaluatorImpairment RatingWPIFunctional Capacity EvaluationTransferable Skills
References
0
Case No. ADJ11197264
Regular
Apr 13, 2023

CECILIA MENDOZA vs. BERRYESSA CONTRACTING, INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed a prior decision awarding 25% permanent disability for industrial injuries to the applicant's left shoulder, neck, left lower arm, and upper back. The applicant contended the judge erred by not developing the medical-legal record regarding her vocational expert and by not awarding a higher disability rating based on vocational expert opinions. The Board found the applicant's vocational expert's opinions unreliable due to misunderstandings of her physical restrictions and other inaccuracies. Therefore, the applicant failed to rebut the scheduled permanent disability rating of 25%.

Workers' Compensation Appeals BoardReconsiderationVocational ExpertPermanent Disability RatingAMA GuidesLabor Code Section 4660.1Scheduled Permanent Disability RatingWhole Person ImpairmentVocational RehabilitationSubstantial Evidence
References
4
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
4
Case No. ADJ8731516
Regular
Oct 17, 2018

JOSE NIEVES vs. CITY OF HAYWARD

This case involves Jose Nieves' claim for workers' compensation benefits following an industrial injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision awarding 47% permanent disability and specific vocational expert costs. Applicant argued for total permanent disability and higher expert fees, while the defendant claimed apportionment for pre-existing conditions. The WCAB affirmed the prior decision regarding permanent disability but rescinded the vocational expert fee, remanding for a new determination of reasonable costs. A dissenting opinion argued the WCJ misunderstood vocational and medical evidence regarding the applicant's limitations and earning capacity.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryCumulative PeriodVocational ExpertPermanent DisabilityApportionmentLabor Code Section 4664Agreed Medical EvaluatorWhole Person Impairment
References
15
Case No. 2016-05-0277
Regular Panel Decision
Nov 18, 2016

Harrison, James v. General Motors. Inc.

Employee James Harrison sought permanent total disability (PTD) benefits for a right shoulder injury sustained on October 24, 2014, during his employment with General Motors, LLC. The Court analyzed differing vocational expert opinions, with Mr. Harrison's expert arguing for 100% incapacity based on FCE results and prior wrist restrictions, while GM's expert cited 75-85% vocational disability based on Dr. McCall's permanent shoulder restrictions, considering Mr. Harrison's unimpaired left arm. The Court dismissed restrictions not explicitly assigned by a physician and found Ms. Bramlett's vocational methodology, which considered the left arm, more persuasive. Ultimately, the Court denied PTD benefits, concluding Mr. Harrison did not meet his burden of proof, but awarded him permanent partial disability benefits of $18,545.76 and continued medical treatment for the injury.

Workers' CompensationPermanent Partial DisabilityShoulder InjuryVocational AssessmentFunctional Capacity EvaluationMedical RestrictionsImpairment RatingOccupational DisabilityRight Arm InjuryEmployment Law
References
8
Case No. ADJ8772254
Regular
Jul 20, 2017

Lorenzo Hernandez vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Lorenzo Hernandez's petition for reconsideration, upholding the original award of 24% permanent disability for a right shoulder injury. The applicant argued that a vocational expert's report should have rebutted the scheduled disability rating, but the Board found this report insufficient. Relying on *Ogilvie* and *Dahl*, the Board determined that an applicant's amenability to vocational rehabilitation precludes using vocational expert testimony to challenge a scheduled rating based on lost earning capacity. Therefore, the vocational expert's opinion was deemed not substantial evidence to overcome the QME's scheduled rating.

Workers' Compensation Appeals BoardPermanent DisabilityVocational ExpertQualified Medical EvaluatorScheduled RatingReconsiderationLabor Code §4660.1AMA Guides 5th EditionAmenability to Vocational RehabilitationDiminished Future Earning Capacity
References
3
Case No. ADJ8903652
Regular
Nov 30, 2017

Deric Hobson vs. BECHTEL GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the original award to find applicant permanently totally disabled (100% permanent disability). This decision overturned the trial judge's finding of 88% permanent disability, accepting the applicant's argument that his admitted Valley Fever injury rendered him unemployable. The Board found persuasive the vocational expert's opinion that the applicant's chronic pain, fatigue, and concentration issues made him unemployable and not amenable to vocational rehabilitation, despite the defense's vocational expert's opposing view. The case was returned for a new award reflecting 100% permanent disability.

Valley FeverCoccidiomycosiscumulative traumapermanent total disabilityvocational expertAMA GuidesWhole Person Impairmentsemi-sedentary workactivities of daily livingvocational rehabilitation
References
2
Case No. ADJ8782107
Regular
Apr 03, 2019

Salvador Sainz vs. Svenhards Swedish Bakery, Federal Insurance Company, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved applicant Salvador Sainz seeking reconsideration of a 57% permanent disability award for a 2012 back and psyche injury. Sainz argued he was totally disabled due to his vocational ineligibility for rehabilitation, but the Board denied his petition. The Board adopted the WCJ's reasoning that Sainz's vocational expert's opinion was not persuasive and conflicted with the medical evidence and defendant's vocational expert. Therefore, the original award of 57% permanent disability was affirmed.

Workers Compensation Appeals BoardSalvador SainzSvenhard's Swedish BakeryFederal Insurance CompanySedgwick Claims Management ServicesADJ8782107Petition for Reconsiderationpermanent disabilityvocational rehabilitationvocational evaluator
References
1
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